What Is a Spousal Green Card?
Suppose you’re a foreign national married to a U.S. citizen or lawful permanent resident. In that case, you need the right immigration documentation to allow you to take up permanent residence and work anywhere in the U.S.
In that case, a spousal or marriage green card might work for your needs. By obtaining a permanent resident card through marriage, you become a lawful permanent resident of the US (“green card holder”).
However, before applying, you need to be sure that you meet the United States Citizenship and Immigration Services (USCIS) requirements.
Eligibility for Spousal Green Card
The spousal green card only applies to the spouse of a U.S. citizen or a lawful permanent resident. The spouses of green card holders often have conditional status as permanent residents. They can seek U.S. citizenship after some years.
Under U.S. immigration laws, spouses refer to legally married husbands and their wives, as well as same-sex marriages.
It is essential to note the following conditions regarding the definition of spouses:
- Merely living together isn’t enough for immigration purposes
- Depending on the country’s rules, common-law spouses or marriage partners may be eligible for spousal green cards
- Only the first polygamous spouse would be eligible for a spousal green card
Petition for Spouse Green Card
The procedure for obtaining a spousal green card begins with a USCIS petition. The U.S. citizen spouse will have to fill out forms for the visa marriage petition, including the following:
- Form I-130-Petition for Alien Relative
- Form I-130A- Supplemental Information for Spouse Beneficiary
The couple will submit these forms to the USCIS and other supporting documents.
The National Visa Center (NVC) will receive the I-130 petition and supporting documents once USCIS approves it. The NVC will then begin consular processing if the immigrant visa is approved.
Spouses of U.S. citizens can immediately start on their immigration visas. In contrast, spouses of permanent residents may have to wait a while to receive a visa from the NVC.
The NVC will ask the foreign spouse to submit the immigrant visa application (DS-260) and other supporting documents, including Form I-864 (“Affidavit of Support”), before the physical interview. Visa application processing fees would apply here.
Once the NVC approves the immigrant visa, the foreign spouse must attend an interview at a U.S. consulate. The foreign national needs to bring their passport, birth certificate, and other documents to the interview.
USCIS will review, approve, or deny the application for a spousal green card after the consulate interview.
When you require a spouse green card in the U.S., you should have an immigration lawyer to assist with the process. K.C. Immigration Lawyers are experts in immigration law and can guide you through obtaining a spousal green card and adjusting your status.
Our attorneys will ensure that you receive the proper guidance and support to get a path to permanent residence in the U.S.
The Processing Time and Validity Duration
The total processing time for a marriage-based green card is between 11-52 months, depending on several factors, including how long the couple has been married.
Newlywed Couples
Couples married for less than two years get the CR1 green card. The CR1 visa (conditional residence) is a conditional green card valid for two years.
Couples must complete Form I-751 (the “Petition to Remove Conditions on Residence”) 90 days before the conditional green card expires to acquire permanent resident status. The USCIS will re-evaluate the couple’s marriage to ensure it’s real and that they didn’t marry for immigration purposes.
Couples That Have Been Married for More Than Two years
The foreign spouse of couples in this category will get a 10-year IR1 visa (or “immediate relative”) green card. Renewal of a 10-year green card is usually straightforward and does not require reproving the couple’s marriage.
Does Spouse Automatically Get a Green Card?
A foreign spouse does not automatically get a green card when they enter the U.S. As discussed above, the couple must go through several steps and procedures to obtain the spousal green card.
The U.S. citizen or permanent resident spouse should ensure they provide their foreign partner with all necessary information and documents to start the process. They can also consult an immigration attorney to support and guide the application process.
To be eligible to adjust status, the U.S. citizen’s spouse must have continuously maintained lawful status while in the U.S. Also, the foreign partner must not have any disqualifying criminal convictions.
The adjustment of status process is complex and requires a great deal of paperwork and documentation. A qualified immigration attorney should be consulted to ensure the spousal green card process is handled correctly.
Legal Representation for Spousal Visa Application
Getting things right and submitting all papers correctly the first time reduces delays and denials. You can contact Kansas City immigration lawyers for help with your green card application.
A skilled immigration lawyer can help you avoid common mistakes that could delay your application and ensure your documents are prepared for official review.
The lawyer can also provide valuable advice on the type of evidence you should include in your application package and how to answer questions asked by immigration officials during the interview.
Having an experienced immigration lawyer handle your case can significantly increase your chances of getting a spousal green card quickly and smoothly. K.C. Immigration Lawyers are here to help you every step of the way.
Our attorneys are well-versed in immigration law and can provide you with all the assistance needed to be granted permanent resident status.
If you still have questions about obtaining a spousal green card, or you’re concerned about your other immigration benefits, contact K.C. Immigration Lawyers as soon as possible to get help.